Republic of the Philippines NATIONAL CAPITAL REGION CITY GOVERNMENT OF MALABON SANGGUNIANG PANLUNGSOD NG MALABON ORDINANCE NO. AN ORDINANCE PROHIBITING THE USE, SALE, DISTRIBUTION AND ADVERTISEMENT OF CIGARETTES AND OTHER TOBACCO PRODUCTS, AND ELECTRONIC CIGARETTES, IN CERTAIN PLACES, IMPOSING PENALTIES FOR VIOLATIONS THEREOF AND PROVIDING FUNDS THEREFOR, TO INSTILL HEALTH CONSCIOUSNESS AND FOR OTHER PURPOSES Sponsor: Hon, Coun. Maria Anna Lizza G. Yambao WHEREAS, the 1987 Constitution of the Republic of the Philippines declares that the State shall protect and promote the right to health of the people and instill health consciousness among them;" WHEREAS, the Republic of the Philippines, under the World Health Organization Framework Convention on Tobacco Control (FCTC) to which she is @ party, determined to give priority to the right to protect public health and to promote measures of tobacco control based on current and relevant scientific, ‘echnical and economic considerations,? and agreed to implement the measures provided in the treaty; WHEREAS, the Local Government Code of 1991 (Republic Act No. 7160) accords every local goverment unit power and authority to promote the general welfare within its territorial jurisdiction, including the promotion of health and safety of its constituents; WHEREAS, the Philippine Clean Air Act of 1999 (Republic Act No. 8749) declares the right of every citizen to breathe clean air prohibits smoking inside enclosed public places including public vehicles and ther means of transport, and directs local government units to implement this provision;s WHEREAS, the Tobacco Regulation Act of 2003 (Republic Act No. 9241) prohibits smoking in certain public places® whether enclosed or outdoors in certain places; prohibits the purchase and sale of cigarettes and other tobacco products to and by minors and in certain places frequented by minors;? imposes bans and restrictions on advertising, promotion and sponsorship activites of tobacco companies;* and directs local government units to implement these provisions; WHEREAS, the Civil Service Commission Memorandum (CSC) Circular No. 17 series of 2009 prohibits smoking in premises, buildings, and grounds of government agencies providing heelth, education or social welfare and development services such as hospitals, health centers, schools and universities and colleges; provides for specific requirements for designated smoking areas; WHEREAS, the Land Transportation Franchising and Regulatory Board (LTFRB) Memorandum Circular 2009-036 provides that drivers and operators of pf ublic utility vehicles are responsible for preventing smoking in public conveyances and posting specified ‘No Smoking” signs in their vehicles; WHEREAS, the MALABON CITY GOVERNMENT recognizes that local governments must act with urgency to denormalize the culture of smoking and tobacco consumption through comprehensive and proven effective tobacco control measures; Poge tof 18WHEREAS, the Civil Service Commission-Department of Health Joint Memorandum Circular No. 2010-04 prohibits government officials and personnel from interacting with the tobacco industry and those representing their interests unless strictly necessary to effectively regulate, control, or supervise them, and its guidelines shall be adhered to strictly, WHEREAS, the MALABON CITY GOVERNMENT recognizes the fundamental and irreconcilable conflict between the tobacco industry's interests and public health policy, and realizes the need to be alert, be informed and neutralize any efforts by the tobacco industry to undermine, challenge or subvert tobacco control efforts through bribery, intimidation and interference in local health policy implementation; WHEREAS, scientific evidence has unequivocally established that tobacco consumption and exposure to tobacco smoke cause death, disease and disabilty; lead to devastating health, social, economic and environmental consequences; and places burdens on families, on the poor, and on national and local health systems WHEREAS, the enjoyment of the highest attainable standard of health is a fundamental right of every human being, and that public health takes precedence over any commercial or business interest; WHEREAS, an increasing number of Filipinos become afficted with and die each year of tobacco-related ciseases such 2s stroke, heart disease, emphysema, various cancers, and nicotine addiction, among ‘others, and both the public and workers in facilties where smoking is allowed are most at risk from these and other tobacco-related diseases; WHEREAS, scientific evidence has shown that there is no safe level of exposure to tobacco smoke; that effective measures fo protect from exposure to it, under Article 8 of the FCTC, requires the total elimination ‘of smoking and tobacco smoke; and that approaches other than 100% smoke-free environments, including ventilation, ar firation and the use of designated smoking areas (whether or not with separate ventilation systems) have repeatedly been shown to be ineffecive;"® WHEREAS, the WHO stated that evidence suggests that exhaled e-cigarette aerosol increases the background air level of some toxicants, nicotine and particles. Reports show other harms in terms of electrical or mechanical matfunctions such as explosions or leakage, as well as accidental ingestions of the e-liquid or e-juice. ts other potential risks, in addition to addiction to nicotine, has not been fully determined and may pose further threat to public health, WHEREAS, the Department of Health through Administrative Order 2014-0008 requires regulation and product registration of e-cigarettes and restricts use in public places already covered by smoking bans. WHEREAS, itis well documented that tobacco advertising, promotion and sponsorship (TAPS) increase tobacco use, and that comorehensive bans on TAPS decrease tobacco use. Studies show that minors exposed to TAPS are also likely to initiate tobacco use. While it is the main thrust of RA 9211 to regulate and subsequently ban all tobacco advertisements and sponsorships", the provisions only provided a transition by way of partial bans and restrictions, and stil continue to expose minors to tobacco advertising and promotions, often at point-of-sale and outdoors. An effective ban on tobacco advertising, promotion and sponsorship should, as recognized by Parties to the FCTC in Arties 13.1 and 13.2, be comprehensive and applicable to all fobacco advertising, promotion and sponsorship. ‘2 WHEREAS, in order to minimize ease of access and affordability of tobacco products, particularly to minors, and in order to pravide a more supportive environment for those who are attempting to quit tobacco * Pemble,FCTC; tile 81, FCT '*ricile I (pergrapa 6), CTC (Artie 8) Guidaines on Proteton fom Exposure to Totes Soke # Section 3 (0, RA S211 " FCTC Guidelines for Anile 13 CTohaceo Advertsing Pomton an Sponseshi) Page 2of 8use, there is @ need to strengthen existing measures on access restriction, including the regulation of sales, distribution and availability, and those prescribed under Article 16 of the FCTC." NOW THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED, BY THE SANGGUNIANG PANLUNGSOD NG MALABON, IN SESSION ASSEMBLED, BY VIRTUE OF THE POWERS VESTED IN IT BY LAW, THAT: Section 1. Title. — This Ordinance shall be known as the “Comprehensive Smoke Free Ordinance of the MALABON CITY", Section 2. Purpose. — is the purpose of this Ordinance to safeguard public health and ensure the well- being of all its constituents by protecting them from the harmful effects of smoking and tobacco consumption, reduce potential exposure to tobacco marketing and advertising, restrict its ecoessiblity, and provide support and a conducive environment for tobacco users to quit. Section 3. Coverage. — This Ordinance shall apply to all persons, whether natural or juridical, whether resident or not, and in all places, found within the territorial jurisdiction of the MALABON CITY, Section 4. Definition of Terms. — As used in this Ordinance, the terms below shall have the meanings ascribed {0 them in this section, Any words or terms not defined shall be given their plain and customary meanings, unless the context requires otherwise, and shall be interpreted in a manne* consistent with the purpose and spirit ofthis Ordinance. a, Advertising and promotion - means any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobaceo product or tobacco use either directly or indirectly." For purposes of this ordinance, it shall likewise apply to Electronic Nicotine Delivery Systems (ENDS) b. Civil Society Organization (CSO) - refers to @ legally constituted voluntary civic and social organization or institution created with no participation of goverment, including but not limited to, charities, development non-governmental organizations (NGOs), community groups, women's organizations, faith-based organizations, professional associations, coalitions and advocacy groups duly recognized by the Office of the Mayor. As used inthis Ordinance, CSO does not include organizations, or associations related to, or connected with, of front groups of the tobacco industry. c, Designated Smoking/Vaping Area - refers to an outdoor space, duly approved by the City Health Officer, where smoking and/or vaping, may be allowed without violating this ordinance, that meets the following requirements'®: ) It shall be located in an open-space outside the building with no permanent or temporary roof or walls in an outdoor area 2) itis not located in or within ten (10) meters from entrances, exits, or any place where people pass or congregate, or air intake ducts.'® 3) It shall not have an area larger than 10 square meters 4) Food or drinks are not served in the designated smoking/vaping area. 5) No building shall have more than one designated smoking/vaping area, 6) Minors or persons below the age of 18 shall nat be allowed inside. "ROTC Atle 16 anise 1(@), FETC 'S Adopted fom Guidsine No.3, CSC Memorandum Cirular No, 17.2009, and ea serve as standard fr public places and werkpaces inthe {GU that ae not owned or used by « government ofiagency "The 10 meter baler distance required for gow Iiitiespremises under CSC MC. 17_2009 & Executive Order 26 that ae allowed to have ‘outdoor DSA may e replicated fer standardizing DSIVA locations is publi plocesworipaces, where smking/aping i not abeluely bed Page Sof 187) The designated smoking/vaping area has the following signage highly visible and prominently displayed a) “Smoking Area’/'Vaping Area’ signage with message showing "Minors not allowed within these premises" ) Graphic heelth warnings on the effects!harms of tobacco/ENDS use or exposure <) Information on cessation hotline andlor cessation clinic/services 8) It shall not be located in places where absolute smoking bans are in effect, such as, but not limited to: centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facies for persons under eighteen (18) years old; elevators and stairwells; locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials; within the buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, gispensaries and laboratories; food preparation areas; public conveyances and in enclosed, partially enclosed and outdoor areas of transport terminals that are near entrances and exits or where people pass or congregate; within the buildings of all government facilities and premises of all offices of the Department of Health, Department of Education, Commission on Higher Education, Department of Social Welfare and Development and the Civil Service Commission, and shall likewise include parks, plazas, playgrounds, sports and recreational facilities, and other facilities where an absolute smoking ban is imposed under special laws, ordinances, administrative and executive orders, memorandum circulars and related policies. 4, Electronic Nicotine Delivery Systems (ENDS) - {which shall include Electronic Non- Nicotine Delivery Systems (ENNDS) for purposes of this regulation} means any device such as electronic cigarettes (e-cigarettes), electronic shisha (e-shisha), vapes, vape pen, Heated-Tobacco-Produets (HTP) or Heal-Not-Bum (HNB) products, and other similar devices, whether or not itis used to deliver nicotine andior other components to the user, which may be through the act of vaping or that which resembles smoking, and may have the outward appearance of smoking products. e, Enclosed or partially enclosed - means being covered by a roof or enclosed by one or more walls or sides, regardless ofthe type of material used for the roof, wall or sides, and regardless of whether the structure is permanent or temporary, "7 {. Minor - refers to any person below eighteen (18) years old. 9. Outdoor advertisement - refers to any sign, model, placard, board, billboard, banner, bunting, poster, streamer, paint-on, light display, device, structure or representation, employed outdoors or visible from outside, wholly or partially to advertise or promote a tobacco product or ENDS to the public. h. Personsin-charge - refers to: in case of public places, public outdoor spaces, workplaces, and point-of-sale, the president/manager in case of a company, corporation, partnership or association, the ownet/proprielorioperator in case of a single proprietorship, or the administrator in case of government property, facility, office or building; in case of public conveyances, the owner, driver, operator, conductor, or captain of the public conveyance; in case of schools, the cityimunicipal schools superintendent, school president, dean or principal i. Point-of-sale - refers to any location at which an individual can purchase or otherwise obtain tobacco products andlor ENDS." ® paragraph 19 lefiiGon of “indoor” or “encona”,Anike # FCT Guidelines, * section 4 (), RA S211 Page 4 of 18© Seaton 4 6), RA 921 ® Paragroph 18, Astisle 8 Public conveyances - refers to modes of transportation servicing the general population, such as, but not limited to, elevators, aitplanes, ships, jespneys, buses, taxicabs, rideshare service vehicles/Transport Network Vehicle Services, trains, light rail transits, tricycles and other similar vehicles."® Public places - means al places, fixed or mobile, that are accessible or open to the public. or places for collective use, regardless of ownership ar right to access, including but not limited to, schools, workplaces, government facilities, establishments that provide food and drinks, accommodation, merchandise, professional services, entertainment or other services. It also includes outdoor spaces where facilities are available for the public or where a crowd of people would gather, such as, but not limited to, playgrounds, sports grounds or centers, church grounds, health/hospital compounds, transportation terminals, markets, parks, resorts, walkwaysisidewalks, entrance ways, waiting areas, and the like.2° Second-hand smoke - means the smoke emitted from the buming end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the ‘smoker.2! ‘Smoke free air - (for purposes of this ordinance) is air that 's 100% fee from tobacco smoke. This defrition inctudes, but is not limited to, air in which tobacco smoke cannot be seen, smelled, sensed or measured. 22 Smoking - means being in possession or contol of a lt tobacco product regardless of whether the smoke is being actively inhaled or exhaled 2 Sponsorship - means any form of contribution to any event, activity or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly 24 Tobacco Products - mean products entirely or partly made of the leaf tobacco as raw material which are manufactured 1o be used for smoking, sucking, chewing or snutfing, such as but not limited to cigarette, cigar, pipe, shisha/mookeh and chew tobacco. Tobacco Industry - refers to organizations, entities, associations, and individuals that work for on in behalf of the tobacco industry, such as, but not limited to, tobacco manufactures, wholesale distributors, importers of tobacco products, tobacco retailers, front groups and any other individuals or organizations, including, but not limited to lawyers, scientists and lobbyists that work to further the interests of the tobacco industry2* that compete with those of tobacco control. Tobacco Industry Interference - refers to a broad array of tactics and strategies used by the tobacco industry to interfere with the setting and implementation of tobacco control measures, Vaping - refers to the act of inhaling and exhaling aerosols or vapor produced by any Electronic Nicotine Delivery System (ENDS)/Electronic Non-Nicoline Delivery System {ENNDS) or other electronic device whether or not itis used to deliver nicotine to the user, and mimics the act of smoking, 1C Ouidines TC Guidine. ‘DOH Joint Memo Circular 2010401 Page Sof 8Workplace - means any plaoe used by people during their employment or work, whether done for compensation or voluntariy, including all attached or associated places commonly used by the workers in the course of their work (for example, corridors, elevators, stairwells, tole, lobbies, lounges). Vehicles used in the course of work are considered workplaces.2” Section 5. Prohibited Acts. — The following acts are declared unlawful and prohibited by this Ordinance: a Smoking or vaping in enclosed or partially enclosed public places, workplaces, public ‘conveyances (whether mobile or stationary], or other public places, such es those enumerated under Section 4 (Kj, except in Designated Smoking/Vaping Areas duly approved and fully ‘compliant with the requirements under Section 4 (c); For persons-in-charge to allow, abet or tolerate smoking or vaping in places enumerated in the preceding paragraph, outside of approved Designated Smoking/Vaping Area under Section 4 (9; Selling or distributing tobacco products andlor ENDS to minors; Purchasing tobacco products and/or ENDS from minors; Ordering, instructing or compelling a minor to use, light up, buy, sell, distribute, deliver, advertise or promote tobacco products and/or ENDS; Selling or distributing tobacco products and/or ENDS in a school, public playground or other facility frequented by minors, offices of the Department of Health (DOH) and attached agencies, hospitals and health facilities, or within 100 meters from any point in the perimeter of these placas;2® Selling of tobacco products and/or ENDS within premises of a government faciity, and establishments that serve food and drinks or provide accommodation and entertainment:23 Selling tobacco products and/or ENDS without a city/municipal permit to sell tobacco products or ENDS; Selling of tobacco products and/or ENDS as individual pieces or per stick, or in tobacco product packs containing less than 20 sticks/pieces; Seling tobacco products and/or ENDS removed fom its original product packaging or without the proper govemment-regulated and agproved health warning: Selling tobacco products and/or ENDS by ambulant or street vendors, including other mobile or temporary stalls, kiosks, stations or units; Seling or distributing of sweets, snacks, toys or any other objects in the form of tobacco products andlor ENDS which may appeal to minors or bearing resemblance to their logotindiciafpackaging; = Placing cinema or outdoor advertisements of tobacco products andlor ENDS Placing, posting, displaying or distributing advertisement and promotional materials of tobacco Products or ENDS, such as but not imited to leaflets, posters, display structures and other sarap 20, Atle # Guielinas, Section 10, RA 921] snd Chapter V_No, 2 () of DOH AO 2009-0010, Section 7, Davao Cty Ordinance (367-12. Astle 16 (0, PTC. Page 6 of a8materials within an establishment when such establishment or its location is prohibited from selling tobacco products andor ENDS; 0. Placing, posting, displaying or distbuting advertisement and promotional materials of tobacco products or ENDS, such as but not limited to leaflets, posters, display structures and other materials that show a tobaoco/ENDS brand's name (including company name), logo or indicia, such as in a point-of-sale establishment, where minors are allowed entry; p. Conducting promotional activities, campaigns, events, product sampling, and the like, where the establishment or its location is prohibited from seling or unauthorized to sell tobacco products andlor ENDS, andlor where minors are allowed entry; Displaying and placing tobacco products and/or ENDS in open store shelves/racks, except in enciosed, opaque and single-colored storages/containments; 1. Facilitation, participation or partnership engaged by any government official or personnel of MALABON CITY regardless of empioyment status (permanent, casual, contractual, job order, Consultant or spacial appointment) in any form of contribution, sponsorship or corporate social responsibilty (CSR) activity, event, program or project by a tobacco/ENDS company, tobacco/ENDS industry front groups, or any representation working to protect tobaccofENDS industry interests, executed for or within the tertoral jurisdiction of the MALABON CITY, with the aim, effect or likely effect of promoting a tobacco product andlor ENDS, its use either directly or indirectly Section 6, Duties and Obligations of Persons-in-Charge. — Persons-in-charge shall a. Prominently post and display the "No Smoking® signage, which may include a ‘No Vaping" symbol ilustrated separately or combined, in the locations most visible fo the public in the areas where smoking and vaping is prohibited. At the very least, the ‘No Smoking" and “No Vaping" signage must be posted at the entrance to the area, which shall be at least 8 x 11 inches in size, where the symbolis shall occupy no less than 60% of the signage. The remaining 40% of the signage shall show the following information: and Jor orasa combined symbol STRICTLY NO SMOKING AND NO VAPING As per ORDINANCE NO. Violators can be fined up to Report violations to [ Holine Number } As for the Designated Smoking/Vaping Area, after complying withthe specifications in Section 4 (), prominently display the folowing elements inthe signage: "DESIGNATED SMOKING/VAPING AREA’ or “SMOKING/VAPING AREA” “Minors not allowed within these premises” { place Graphic/Picture-Based Health Waring on the effects of tobacco use and/or health risks of ENDS use within the signage ] [if available, place number of Smoking Cessation Hotline | Page 7 of 18Prominently post and display the "No Smoking’ and ‘No Vaping” signage in the most conspicuous location within the public conveyance. At the very least, a three and a half (3.5) square inch "No Smoking" and ‘No Vaping" signage shall be placed on the windshield and a ten (10) square inch "No Smoking” sign atthe driver's back seat; Ashtrays and any other receptacles for disposing of cigarette or other tobacco product refuse must be provided in the agproved Designated Smoking/Vaping Areas, and shall be removed from all places where smokingivaping is prohibited; For persons-in-charge of government premises intending to establish a Designated ‘Smoking/Vaping Areas (DSAs/DVAs), secure a certification/permit from the duly authorized officer or representative of the Civil Service Commission; while for persons-in-charge of commercial establishments/buildings or other nor-govemment facilities intending to establish a DSA/DVA, to secure a certification/permit from the Bulding/Engineering end Health Officers, after complying with the requirements for a DSA/DVA, as stated in Section 4 (c); For persons-in-charge of schools, public playgrounds or other facilities frequented by minors, offices of the DOH and attached agencies, hospitals and health facilities, post the following statement in a clear and conspicuous manner: SELLING, ADVERTISING AND PROMOTING CIGARETTES OR OTHER TOBACCO PRODUCTS INCLUDING E-CIGARETTES NOT ALLOWED WITHIN 100 METERS FROM ANY POINT IN THE PERIMETER OF [name of SCHOOL / PLAYGROUND / FACILITY FOR MINORS / HEALTH FACILITY / ETC] For persons-in-charge of schools, public playgrounds or other facilities frequented by minors, offices of the DCH and attached agencies, hospitals and health facilties, report to the Smoke Free Task Force any tobacco producVENDS seling, advertising andlor promotion located within 100 meters from its perimeter; For persons-in-charge of establishments intending to sell tobacco products andior ENDS, secure a permit to retailvholesale from the Business Permits and Licensing Office; For persons-in-charge of approved point-of-sale establishments, post the folowing notice, together with a graphijpicture-based health waming on the health consequences of tobacco Use, as prescribed by the City/Munioipal Heatth Office, in a clear and conspicuous manner: SALEIDISTRIBUTION OF TOBACCO PRODUCTS AND E-CIGARETTES TO MINORS IS UNLAWFUL. For persons-in-charge of point-of-sale establishments, remove all forms of tobacco or ENDS advertisement/promotions paraphemalia deemed prohibited by this Ordinance; For persons-in-charge of point-of-sale establishments, secure approval from the City/Municipal Health Ofce for storages or containments of tobacco products andior ENDS, Only a listing of available tobacco and/or ENDS brandsivariants sold at the point-of-sale establishment are allowed to appear outside of the storage or containment, where such listing shall only be weitlen/printed in any plain font, and devoid of any recognizable product or brand typefaces, logo, indicia or markings. Such list shall not occupy more than (25%) of the exposed side of the storage or containment; Page sof 8i For persons-in-charge of point-of-sale establishments, ensure that storages or containments of tobecea products and/or ENDS are only opened by a store personnel/manager at the counter during actual purchase by an aduit customer, or when being replenished, cleaned or inspected; |. Establish internal procedure and measures through which this Ordinance shall be implemented and enforced within the area of which he or she is in charge. This includes compliance to the sales, distribution, advertising and promotions restrictions, i.e. warming smoking/vaping violators in banned areas and requesting them to stop smokingivaping, and if they refuse to comply, asking them to leave the premises, and if they still refuse to comply, reporting the incident to the City Health Office, the nearest peace officer, or fo any member of the Smoke Free Task Force through its holine or by other means; m. Ensure that all the employees in the establishment are aware of this Ordinance and the procedure and measures for implementing and enforcing it; 1, Allow inspectors acting under Sections 14 and 15 hereof, which may include other members of the Task Force and the designated civil society organization under Section 16, entry into the establishment or public conveyance during regular business hours for the purpose of inspecting its compliance with this Ordinance; ©. For all signage required fo be posted under (a), (b), (@), and (h) above, provide for versions of them in the local dialect or in English; Section 7. Persons Liable. — The following persons shall be liable under this Ordinance: a. Any person or entity who commits any of the prohibited acts stated in Section 5 hereof, 0, Persons-in-charge who knowingly allow, abet, authorize or tolerate the prohibited acts enumerated in Section 5, or who otherwise fails to fulfill the duties and obligations enumerated in Section 6 hereof; ©. Ifthe violator is a minor, the enforcer of this Ordinance shall report the incident to the schoo! Princjpalidean exercising jurisdiction over the minoroffender where he shall be required to comply with disciplinary measures under the school where he/she is enrolled, andlor to the City/Municipal Social Welfare and Development Office for appropriate action or intervention, pursuant to Republic Act 9344, Should the schoo! have no policy for offenses committed by their pupils outside school premises or ifthe minor is an out-of-school youth, the enforcer shall present the minor to the CityiMunicipal Social Welfare and Development Office, which may Ukewise involve the parents or guardians andlor a Barangay Official where the minor is a resident. Section 8. Perialties. — The following penalties shall be imposed on violators of this Ordinance: a. Violation of Section 5 (a), (b) Smoking or Vaping and Section 6 i. First Offense P 500.00 ii, Second Offense P 4,000.00 ii. Third and Subsequent P 2,500.00, Offenses or imprisonment for a period not exceeding Page 906 8or both at the discretion of the court.** Suspension or revocation of business license or permit may be prescribed (in case of a business entity or establishment), if applicable. ', Violation of Section 5 (c) f0 (q) Sales/Access Restriction and A and Promotions Ban i. First Offense P 2,000.00 li, Second Offense P 3,000.00 li, Third and Subsequent P 5,000.00, Offenses or imprisonment for a period not exceeding or both at the discretion ofthe court. Suspension or revocation of business license or permit may be prescribed (in case of a business entity or establishment), if applicable. ©. Violation of Section 5(r). Sponsorship/Contribution/Partnershio with the Tobacco Industry Involving Government Officials/Personnel Apply Rules and Sanctions as prescribed by the CSC-DOH Joint Memorandum Circular 2010-01 pursuant to RA 3019, RA 6713, and the Revised Penal Code (1932). d. Revocation or Suspension of License/Permit. The licanselpermit to sell (tobacco roducts/ENDS) or to operate of any establishment or of any public conveyance covered by this Ordinance shall also be suspended for at least one (1) week but not more than one (1) month, or revoked, should the same fail to perform the necessary action within fileen (15) days upon receipt of violation notice or fail to pay within seven (7) working days the Corresponding penaity as stated in the Citation Ticket for the violation committed. Should the license/permit found to be in violation of this ordinance, fall outside of the jurisdiction of the respective Local Government Unit (LGU), the recommendation for revocation or suspension of license/permit shall be forwarded to the appropriate LGU, agency or governing body. The suspension or revocation of the license/permit of the erring establishment or public Conveyance shall only be lifted once all the requirements set forth upon re-inspection and evaluation of the Health Office, Building/Engineering Ofice, Business Permits and Licensing Office andlor the appropriate agency oF governing body has bsen fully complied with. Any Task Force member may recommend the revocation or suspension of license or permit of an erring establishment to the appropriate office, ©. Community Service. Ifa violator is unable to pay the fines imposed, he or she may choose to ‘ender community service within the city/municipalty. For every hour of community service rendered, his/her outstanding fine shall be reduced by an amount equivalent to triple the hourly minimum wage (or other computations/ixed amount per hour for the total number of hours ‘needed to be rendered) inthe cityimunicipalty f. Confiscation or Removal. Tobacco products, ENDS and their adverising/promotions Parephernaiia associated with any violation of the prohibited acts in this ordinance may be subject to confiscation and/or removal 9. No Contest Provision. Persons liable who have been apprehended or cited for violation of any of the prohibited acts of this Ordinance, except for Section 5 (f), and who do not wish to Contest the violation, and is wiling to pay voluntarily the administrative penalty imposed upon ons 447() id 4581 (i), and 4680) Gi) ofthe Losal Goverment Cade of 1991 (RA 7160}, forthe limite ofthe pais the LOU say impos na ondinense Page 10 of 8him/her forthe frst and second offenses enumerated in Section 8 a. and b. prior to the fing of formal charges with the proper court shall be allowed to pay the penalty with the City/Municipal Treasurer's Office, within five (5) reguler business days from apprehension, to avoid being criminally prosecuted. Otherwise, the case shall be prosecuted in court, The ‘No Contest Provision’ can no longer be availed for third end subsequent offenses. The proceeds from payment of the herein penalties imposed shall be subject to the provision on Funding in Section 20 of this Ordinance. h. Subsidiary Imprisonment Provision. Subsidiary imprisonment may be imposed by the court in the event that the offender, who is found quity of violating the provisions of this Ordinance, is unable to pay the fine which he is sentenced to pay. i. Proper Identification. Persons found in violation of this ordinance must present correct and valid identification. In case any valid and sufficient form of identification is not presented, helshe shall be brought to the nearest police station for proper identification, then to the Smoke Free Task Force for the payment of penalty or rendition of community service. Section 9. Citation Ticket System. — Violators of this Ordinance shall be informed of their violation and the penalty associated with it by means of a Citation Ticket System with the following guidelines: @. Official booklets of Citation Tickets shall be issued by the Treasurer to duly authorized enforcers within ninety (90) calendar days of the effectivity of this Ordinance, b. A Citation Ticket shall be issued to the person/s liable for any violation of this Ordinance upon finding of the violation by duly authorized enforcers. c. A Citation Ticket shall contain the following information: 41) checklist of the violations under this Ordinance; 2) the fines associated with each violation; 3) option to render community service in case violator is unable to pay fine; 4) due date for compliance with the obligations imposed by the ticket d. When a Citation Ticket is issued to a violator, the violator shall report to the Treasurer’s Office or its duly authorized collecting agent, within five (5) regular business days after such issuance, where he or she shall either pay the fine imposed or render community service under Section 8 (e) hereot. e. The Treasurer's Office shall keep a duplicate of all Citation Tickets issued to violators as well as all other records of violations of this Ordinance. Section 10. Smoking Cessation and Livelihood Assistance Programs. — The City Health Officer, with the assistance of the Health Education and Promotion Oificer, or other members of the Smoke Free Task Force, which includes the CSO representative designated under Section 16 hereof, shall develop, promote and implement a Smoking Cessation Program and encourage the participation therein of public and private facilities which may be able to provide for its requirements. Smokers who are wiling to quit including those who may be dual users of tobacco or ENDS products, or ENDS product users who may have developed dependence, and those found violating this Ordinance may be referred lo the Smoking Cessation Program and its facilities. Persons involved in selling prior to the effectivity of this ordinance, such as ambulant vendors whose economic activity shall be affected or displaced by the prohibitions on sales, shall be referred for enrollment ‘and given assistance in the livelihood programs of the city or other appropriate agency, Page 11 of 18ENFORCEMENT Section 11. Smokefree Task Force. — A Task Force shall be created to ald in the implementation, enforcement and monitoring of this Ordinance, and to protect the same from tobaocolENDS industry interference at all times, as well as to conduct educational awareness campaigns, information dissemination programs, and capacity building programs, that will inform the constituents and train ‘enforcement officers. The Task Force chaired by the Maycr shall have the following as members and may designate a vice-chair to serve as overall coordinator: Health Officer; Health Education and Promotion Officerfor equivalent designate; Building/Engineering Oficer, Legal Officer, Information Officer; Business Permits and Licensing Officer, Representativels of one or more civil society organizations (CSO) designated by the Health Officer, under Section 16 hereof, Philipgine National Police (PNP) Chief of Police; Treasurer, Environment and Natural Resources Officer (ENRO) from the LGU or from DENR; Representativeis from DepED, CHED andlor academic institution; Local President ofthe Liga ng mga Barangay ng Pilipinas; Public Order and Safety Officer; Social Welfare and Development Officer Human Resources Management Officer City Administrator Coordinator ofthe Task Force Unit or Office (iF other than the above officers) Other members identified by the chair or vice-chair (whose specific function in the LGU and role may serve to effectively implement this Ordinance) @spacce nevossg cares The Task Force shall not include as its member any person or entity upholding or accommodating tobacco industry interests or is connected in any way to the tobacco/ENDS industry, in order fo protect the primary health objectives of this Ordinance from any and all interests prejudicial to tobacco control policies and to preserve its integrity. No member of the Task Force shall also receive for himself or for other individuals, beneficiaries or groups, any contribution or comgensation, directly or indirectly, whether financial or otherwise, from the tobacco/ENDS industry. Non-compliance of this provision, governing the Task Force, shall serve as grounds for the removal of the ering Task Force member's, Ifthe ering Task Force member is likewise a public ofcials or government personnel, he/she shall also be subject to sanctions prescribed under the CSC-DOH Joint Memorandum Circular 2010-001.28 Section 12. Duties and Responsibilities of the Task Force.— Other then (1) receiving, reviewing and Processing reports and complaints, serving of citations and notices, and filing of appropriate charges for violations under this Ordinance (2) attending regular Task Force meetings, and (3) deputzing enforcers Under Sections 13 fo 16 hereof, and enforcing the other provisions of this Ordinance, the Task Force, headed by the Mayor, shall have the following respective duties and respons ole: a. The Health Officer shall 1) Make tobaoco control, including the implementation of this Ordinance, a part of the health rogram and propose funding under the general budget of the LGU; ™ See CSC-DOH Joint Memorandum Circular 2020-008, Poye 12 of 182) Establish baseline (preferably) annual data on tobacco use prevalenca and other related studies, and recommend further action on the findings of such data; 3) Monitor, together with the Sanitary Inspector, Enforcers andlor Task Force members, the compliance of this Ordinance in public places, establishments, conveyances, point-of-sale, and including the approvalidisapproval of permits in Designated Smoking! Vaping Areas (DSAsIDVAs) as well as permitslicenses for tobaoco/ENDs point-of-sale; 4) Facilitate, together with the Sanitary Inspector, Enforcers andior Task Force members, the serving of notices, imposition of fines, suspension, or revocation of permitsficenses for violations; 5) Assign a hotline or any olher number and email address to which violations of this Ordinance may be reported by email, phone call or SMS, or other means, and a person to operate the line and record repors, while another hotline may be assigned for accepting calls or messages for Smoking Cessation counseling; 6) Develop, promote and implement a Smoking Cessation Program, stated in Section 10; 7), Assist hospitals and other health facilities including any office of the DOH within the LGU, together with the Sanitary Inspector, Enforcers andlor Task Force members, in the monitoring of tobaccolENDS products’ sales, advertisements and promotions within 100 meters ftom the perimeter of schools, public playgrounds, facilities frequented by minors and health faciities. The Health Education and Promotion Officer shall 4} Develop and produce information, education and communication materials and conduct activities on Tobacco Control, such as the harms of smoking and second-hand smoke, as well as on the provisions of this Ordinance; 2) Encourage constituents to monitor and report violations of this Ordinance; 3) Assist the Health Otficer in developing, promoting and implementing a Smoking Cessation Program, The Building/Engineering Officer shall 1) Conduct, together with the Health Office or on its own, inspection activities as provided in this Ordinance; 2) Determine whether or not enclosedipartaly enclosed public places, workplaces, other Public places, and pointof sale establishments, comply with this Ordinance; 3) Recommend the approval, suspension or revocation of licensesipermits for establishments/facites, in compliance with this Ordinance. ‘The Legal Officer shall: 1) Assist the Task Force in reviewing reports of and complaints for violations of this Ordinance and in determining liability or appropriate cases to file; 2) Extend any legal assistance andior file cases on matters pertaining to this Ordinance. The Information Officer shall: 1) Assist in disseminating information pertaining to all aspects of this Ordinance including the printing and distribution of copies of this Ordinance ta the public; 2) Make a primer summarizing the provisions of this Ordinance, and ‘facilitate the development of related information materials and required signage; 3) Publicize activities and reports related to implementation and enforcement. The Business Permits and Licenses Officer shall 1) Order the suspension or revocation of licenses/permits of establishments found to have violated this Ordinance, subject to the provisions of Section 8 hereof; 2) Deny renewal of licenses/permits of repeat violators ofthis Ordinance; 3) Establish procedure for identifying, informing and marking establishments covered by the 100-meter ban on sale, distribution and advertising of tobacco products and ENDS. ‘The CSO Representativels shall Page 13 of 18,1) 2 3) 4) 5) Assist in inspections and in monitoring violations of this Ordinance; Assist in promoting awareness of this Ordinance and in encouraging public support and participation for its implementation and enforcement; Assist in promoting and, if capable, implementing a Smoking Cessation Program; Assist in developing and conducting orientation and training seminars for enforcers; Assist in evaluating the perfomance of the Task Force and the effectiveness of the implementation and enforcement of this Ordinance. ‘The PNP Chief of Police shall 1) 2 3) 4) 7 Direct the Local PNP in the orderly enforcement ofthis Ordinance; Ensure apprehension of violators in accordance with the provisions of this Ordinance and other rules and procedures of engagement; Assist Task Force members, LGU officials and deputized civilians in apprehending Violators and in fling the appropriate complaints when necessary; Assist in promoting awareness of this Ordinance and in encouraging public support and Participation in its implementation and enforcement; Employ the assistance of other members of the Task Force and other police enforcers, such as those fom other LGUs, during enforcement when coordination is necessary; Refer minors caught in violation of this Ordinance to the Social Welfare and Development Office andior to the school authorities where the minor is enrolled; Use the Citation Tickets during apprehensions and maintain a record or log of violations /apprehensions made within particular periods, for purposes of reporting, ‘The Treasurer shall: 1) 2) 3) 4 5) Facilitate the printing and reprinting of Citation Tickets; Issue booklets of the Citation Tiokels to the LGU enforcers and other deputized enforcers, as appropriate; Collectreceive fines paid by violators and submit reports on its collection; Designate collection agents and guidelines for collections as necessary fo assist in efficient collection of fines from the City/Municipality; Facilitate the release and allocation of funds, and the remuneration of enforcers share in accordance with the provision for the sharing of proceeds, derived from the collection of fines, penalties, generated resources and appropriated budget. The Environment and Natural Resources Officer shal! 1) Assist in promoting awareness of this Ordinance as a component in the protection and conservation of the environment and in enoouraging public support and participation in its implementation and enforcement; Assist in inspection and monitoring violations of the Ordinance on its own or with any other member of the Task Force; Conduct timely monitoring of air, water, soil quality and other studies pertinent to determining levels of exposure to tobacco smoke, ENDS vapor, residues, byproducts and litter, among others; Provide expertise in the application and management of appropriate technologies to avert environmental/nealth risks, accidents and damage posed by tobacco smoke, ENDS vapor, residues, by-products, disposal and litter, among others. ‘The Reoresentalive from DepED, CHED andlor Academic institution shal! 1) 2) 3) Implement the Department/Commission Orders on the integration of tobacco control ‘education into the schoo! curicula; Ensure strict compliance of the Memos and Orders on the protection of the bureaucracy from Tobacco Indusiry interference as per FCTC Article 5.3. Ensure strict compliance of schools in enforcing 100% smokefree campuses and school facilties including the schools’ vehicles; Page 14 0f194) Assist in the monitoring of tobacco/ENDS products’ sales, advertisements and promotions within 100 meters from the perimeter of schools, public playgrounds and facilities frequented by minors; 5) Ensure the posting in clear and conspicuous manner "No Smoking’ signs, and notices for the sales ban of Tobacco Products within 100 meters from the perimeter of schools, public playgrounds, faclties frequented by minors and health facities, ‘The Local President of the Liga ng mga Barangay ng Pilipinas shal! 1) Assist in promoting awareness of this Ordinance in encouraging public support and participation in its implementation and enforcement; 2) Coordinate with all Berangay Captains and the PNP, or other members of the Task Force, in monitoring violations of the Ordinance within their jurisdictions; 3) Provide the necessary coordination among the Barangay Health Workers, Kagawads and Tanods and other enforcers (i.e. Coast Guerds) for the implementation of activities pertinent tothe Ordinance; 4) Assist in the facilitation of and referrals to the Smoking Cessation Program at the Barangay Level, if applicable. The Publi¢ Order and Safety Officer shall: 1) Assist in promoting awareness of this Ordinance in encouraging public support and Participation in its implementation and enforcement; 2) Monitor compliance in public places, establishments, conveyances, point-of-sale, Designated Smoking/Vaping Areas (DSAS/DVAs), together with other members of the Task Force; 3) Coordinate with enforcers andlor Task Force members regarding the imposition of fines, ‘suspension or revocation of licenses/permits for violations; The Social Welfare and Development Officer: 1) Assist in the enforcement of this Ordinance when minors are involved; 2) Provide the necessary interventions for minors implicated in violations. The Human Resources and Management Officer or equivalent officar/LGU point-person for the Civil Service Commission 1) Overses the strict implementation of smokefree government facilities; 2) Evaluate for approval the proper establishment of Designated Smoking/Vaping Areas in govemment facilities where it may apply; 3) Oversee the strict implementation of policy preventing Tobacco Industry Interference, pursuant to the CSC-DOH Joint Memorandum Circular 2010-01; 4) Monitor, suoervise and report on all concems pertaining to Tobacco Industry activites, communications, and other related concerns; 5) Assist in matters related to tobacco control policies as it applies to the performance of functions and duties affecting government ofcials/personnel. The City Administrator 1) Assist the Mayor in overseeing the implementation and enforcement of this Ordinance, in lose coordination with other members of the Task Force; 2) Provide regular updates to the Mayor as to the status of implementation and enforcement of the Ordinance, The Coordinator, in case of a separate Coordinating Unit or Office of the Task Force, under the authority ofthe Mayor 1), Perform any of the functions assigned to it by the Mayor pertaining to the implementation, ‘enforcement and promotion ofthis Ordinance; 2) Coordinate with any/all members of the City/Municipal Task Force as necessary, facilitate trainings, assist in enforcamentipromotion/monitoringiresearch, and attend to any related function as required/instructed by the Mayor, Page 15 of 83) Provide regular updates to the Mayor as to the status of implementation of Tobacoo Control in the LGU and of the Ordinance. Section 13. Enforcement on Individuals. — Members of the PNP andlor persons duly deputized by the Mayor/Task Force shell apprehend and issue Citation Tickets against persons found in violation or have failed to comply with any provision enumerated under Sections 5 and 6 hereof. They shall forward copies of the tiokets they issue violators to the Treasurer's Office regularly or per week. If the violator is @ minor {person below 18), he or she must be turned over for dispensation of appropriate action to the nearest Social Welfare and Development Officer or its appointed designates, subject to RA 9344 (Juvenile Justice and Welfare Law), and/or to the school authorities at the school where the minor is enrolled, andlor to the Barangay Office where the minor is a resident, and where the parents or guardians maybe called. In case any valid or sufficient form of identification is not presented, he/she shall be brought to the nearest police station for proper identification, then to the Smoke Free Task Force for the payment of penalty or rendition of community service. Section 14. Enforcement on Public Conveyances. — Members of the PNP andlor persons duly deputized by the Task Force shall inspect public conveyances during their regular hours of operation and shall issue Citation Tickets upon discovery of any violation of this Ordinance. They shall forward copies of the tickets they issue violators to the Treasurer's Office regulary or at least once a week Section 15. Enforcement on Establishments. — Ninety (90) calendar days after the effectivity of this Ordinance, an inspection team composed of representatives from the Health Office, Engineer's Office, Permits and Licenses Office, and other members of the Task Force, shall conduct inspections of establishments and buildings to determine their compliance with the provisions of this Ordinance. Regular inspection shall thereafter be conducted at least once every month or simultaneously with other regular inspections done by the appropriate office or department, whichever is more frequent, during lormal hours of operation of the establishment, The inspection team shall issue a Citation Ticket against the establishment upon finding of non-compliance with or of any violation of this Ordinance. A Citation Ticket may be issued for each day that the establishment is found to be non-compliant. Re-inspection of the establishment shall be done on any day after the issuance of the Citation Ticket, but in No case more than ten (10) calendar days after such issuance. If the establishment fails to comply with the obligations stated in the Citation Ticket upon re-inspection, the inspection team shall recommend the suspension of its license/permit, consistent with Section 8 (@) hereof. 'n the course of inspection, the inspection team may aporehend individual violators and request the assistance of the PNP in doing so, Section 16. Civilian Participation in Enforcement. — Within tty (80) calendar days from the effectivity of this Ordinance, the Task Force/Health Office shall designate, with the approval of the Office of the Mayor, one or more civil society organizations (CSO), not connected/represents interests of the Tobacco Industry, to discharge the duties and responsibilites enumerated in Section 12 (q) hereat. The Mayor may deputize qualified civilians to also serve as enforcers of this Ordinance. Any person can file with the Task Force a report or complaint, or present evidence for any violation ofthis Ordinance, or be assigned other duties pursuant to the attainment of its effective implementation, INFORMATION CAMPAIGN Page 16 of 8Section 17. Information Dissemination. — Within sixty (60) calendar days of the effectivity of this Ordinance, the Task Force shall: 8, In coordination with the Office of the Mayor: 4) provide at least two (2) copies of this Ordinance to every PNP station or precinct in the jurisciction of the respective LGUs; 2). provide a primer on this Ordinance for every officer of the PNPideputized enforcers; and 3) conduct lectures to brief officers of the PNP and other enforcers, the provisions of this Ordinance and of their responsibilities with respect to its enforcement. b. In coordination with the Permits and Licenses Office, provide @ copy of this Ordinance and its primer to all existing establishments that are licensed to operate, as well as fo those applying for new licenses or permits to operate, andlor permits to sell tovaccolENDS products. c. In coordination with the Information Office, provide a copy of this Ordinance and its primer to all public utility vehicle operators plying within and through the teritoral jurisdiction of Malabon City, and for other seotors s necessary. Section 18. Public Billboards, Notices in Barangays. — Upon effectivity of this Ordinance, the Engineer's Office shall put up billboards in conspicuous places within the LGU to nolify the public of the restrictions and sanctions imposed by the ordinance. The Information Otfice shall also immediately issue for dissemination at the barangay level notices on obligations of persons under the ordinance. Section 19. Conduct of Orientation Seminars and Trainings. -- Within sixty (60) calencar days from the effectivity ofthis Ordinance and periodically thereafter, the Health Officer, with the assistance of the Health Education and Promotion Officer, and the CSO representative designated under Section 16 hereof, with ther members of the Task Force, shall develop and conduct a series of orientation seminars and trainings for the enforcers of this Ordinance, at least one for each group, including but not limited to, deputized enforcers like barangay health workers, barangay tanods, and the local PNP. FINANCING Section 20. Funding. — An initial funding to defray the expenses necessary for or incidental to the implementation of this Ordinance and Tobacoo Control Program of MALABON CITY in the amount of Five Hundred Thousand Pesos shall be sourced from the fund of the City Government, and is hereby allocated. Every year thereafter, at least Five Hundred Thousand Pesos or 25% allotted budget from Non-Comm program shall automatically be included in the Annual Budget of the city for the implementation and enforcement of this Ordinance and the city’s Tobacco Control Program. ‘The initial funding, annual budget appropriated for this purpose, and funds generated from other sources, such as, but not limited to, the proceeds from administrative penalties, shall be placed in a Trust Fund, specifically intended to defray expenses and operationalize activities of this Ordinance and the city’s Tobacco Control Program. The Task Force shall be empowered to determine how the Trust Fund is to be ulized in furtherance of this Ordinance, subject however to the usual goverment accounting and auditing procedures. ‘The above expenses may include, but are not limited to: a. Cost of printing copies of this Ordinance, the Citation Tickets, and information, education and communication materials pertaining to tobacco control; b. Cost of regular or periodic meetings of the Smoke Free Task Force; ¢. Cost of inspection and enforcement by the Smoke Free Task Force, including allowances for meals and transportation, the amounts of which shall be set by the Office of the Mayor, 4, Remuneration forthe apprehending enforcer's share of the proceeds from penalties paid; e. Incentive or reward for private citizens who report violations of this Ordinance; Pago 17 of 8Institutional and operating expenses of the smoking cessation program and facility; 9. Other expenses associated with the implementation and enforcement of this Ordinance. h. Hiring of coordinator/staff/agents who shall be involved in day to day operations.* Sharing of Proceeds from the Administrative Penalties. — The amount of the corresponding penalty paid by a violator to the Treasurer shall be apportioned where the equivalent of Twenty-Five Percent (25%) shall accrue {6 the apprehending officer or deputized enforcer as an incentive The remainder of the proceeds from penalties collected as payment by violators, after deducting the amounts that shall accrue to the apprehending officers or deputized enforcers shall form part of the above- mentioned Trust Fund. Section 21. Repealing Clause. — All ordinances contrary to or inconsistent with this Ordinance are hereby repealed or modified accordingly. Section 22. Separability Clause. — If any part or provision of this Ordinance is declared unconstitutional or invalid, the same shall not affect the validity and effectivity of the other parts or provisions hereof. Section 23, Effectivity Clause. — This Ordinance shall take effect fifteen (15) days after its publication in 2 newspaper of local or general circulation or posting in at least two (2) conspicuous places within the citylmunicipality ENACTED BY THE SANGGUNIANG PANLUNGSOD-OF MALABON, IN ITS SESSION DATED HON. MARIAIANNALIZZA 6. YAMBAO ty Councilor Page 18 of 18